Bereaved Partner’s Paternity Leave: The 2026 Regulations

On 13 January 2026, the government laid the draft Bereaved Partner’s Paternity Leave Regulations 2026 before Parliament, which focuses on compassion and support for families facing the most tragic of circumstances.

These regulations will introduce a significant new right for employees: up to 52 weeks of paternity leave if a child’s primary carer dies in childbirth or within the first year of the child’s life.

For HR professionals and business owners, this is a critical update. It moves beyond standard administrative compliance and touches on how your organisation supports employees during profound personal loss. Here I break down the key provisions of the draft regulations, the eligibility criteria, and the steps the HR Team need to take to prepare.

What is Bereaved Partner’s Paternity Leave?

The proposed Bereaved Partner’s Paternity Leave (BPPL) is designed to ensure that if a mother or primary adopter dies, the surviving partner can step in to care for the child without the immediate pressure of returning to work.

The legislation removes the standard limits on paternity leave (usually one or two weeks). Instead, it offers an extended period of leave—up to a full year—to ensure the child is cared for and the partner has the time they need.

These regulations follow the Paternity Leave (Bereavement) Act 2024, which came into force in December 2025. The new draft regulations provide the granular detail needed to implement the law, with an intended start date of 6 April 2026.

Who is Eligible for BPPL?

Eligibility for this new statutory right is broad, reflecting modern family structures. There is no minimum qualifying service period, and it is another “day-one right,” eligible from their first day of employment.

To qualify, an employee must have a specific relationship with the child or the deceased primary carer.

The “Primary Carer” Definition

The regulations define the primary carer who has died as:

• Birth cases: The mother.
• Adoption cases: The child’s adopter. In joint adoption cases, this is the parent who elected to take adoption leave.
• Surrogacy cases: The primary parental order parent.

The Employee’s Relationship

The employee taking the leave must generally be:

• The child’s father.
• The spouse, civil partner, or partner of the child’s mother or adopter.
• In surrogacy cases, the spouse or partner of the primary parental order parent.

Crucially, the employee must have the primary responsibility for the child’s upbringing and be taking the leave specifically to care for the child.

Key Entitlements and Flexibility

The regulations provide a framework that balances the need for extended leave with the need for some necessary structure for employers.

1. Duration and Timing

An eligible employee is entitled to a single period of leave. This leave must fall within the “paternity leave eligibility period,” which is generally 52 weeks starting from the day after the child’s birth or adoption placement.

Within this 52-week window, the employee can choose when their leave starts and ends. This flexibility allows the surviving parent to structure their time off in a way that best supports their family’s grieving process and childcare needs.

2. Immediate Access

Recognising that tragedy strikes without warning, the regulations allow for immediate access to leave. If the employee wishes to start their leave within eight weeks of the bereavement, they can provide notice orally or in writing. In these cases, leave can begin immediately, provided notice is given before the employee is due to start work on that day.

3. Changing Plans

Grief and childcare are unpredictable. The regulations allow employees to change the start or end dates of their BPPL. Generally, they must give one week’s notice to vary these dates, or in some scenarios, eight weeks’ notice. They also have the right to cancel the leave entirely with appropriate notice.

Employment Protections

As with other forms of family-related leave, employees taking BPPL are protected by law. Line managers and HR teams must understand these protections to avoid discrimination or unfair dismissal claims.

During the leave period, the employee is entitled to:

• Preservation of terms: All contractual terms and conditions (except for remuneration/wages) continue.
• Pension protection: Employer pension contributions must generally continue during any period of paid leave.
• KIT Days: Employees can use up to 10 “Keeping in Touch” (KIT) days without using their leave.
• Redundancy protection: Employees have the right to be offered a suitable alternative vacancy in redundancy situations, with protection extending up to 18 months after the birth or adoption.
• Right to return: Employees are entitled to return to the same job or, in specific circumstances, to a suitable alternative.
• Protection from detriment: It is unlawful to subject an employee to detriment or dismissal for taking or seeking to take BPPL.

A Note on Pay:

Currently, neither the PLB Act nor the draft BPPL Regulations include provisions for statutory pay. This suggests that, unless further regulations are introduced, the leave entitlement is unpaid under statutory law, though employers may choose to offer paid leave under their own contractual policies.

Notice Requirements: What HR Needs to Know

While the situation is sensitive, there are administrative requirements to ensure the leave is tracked correctly.

For leave starting within 8 weeks of bereavement:

• Notice can be oral or written.
• Must state the bereavement date, birth/adoption date, and start date of leave.
• A follow-up written confirmation is required within 8 weeks of the bereavement, confirming the leave duration and return date.

For leave starting later (more than 8 weeks after bereavement):

• At least one week’s written notice is required.
• This notice must include the dates, a declaration of the relationship to the child/mother, and confirmation that the leave is for childcare purposes.

How Employers Should Prepare

Although these regulations are still in draft form, the intended implementation date of 6 April 2026 is approaching fast.

Review Your Policies

Audit your current paternity and compassionate leave policies. Do they account for long-term absence in the event of a partner’s death? You will need to draft a specific section on BPPL to ensure clarity for managers and employees.

Train Your Managers

Line managers are often the first point of contact when an employee suffers a loss. They need to know that this specific type of leave exists and is a “day-one right.” Training them to handle these conversations with empathy—while understanding the legal entitlements—is crucial.

Consider Your Pay Stance

Since statutory pay is not currently mandated in the draft regulations, your business needs to decide on its stance. Will you offer paid leave for a portion of the 52 weeks? Aligning this with your existing maternity or shared parental pay policies can promote fairness and support your retention goals.

Conclusion

The Bereaved Partner’s Paternity Leave Regulations 2026 represent a compassionate evolution in employment law. For businesses, this is an opportunity to demonstrate genuine support for employees during their most difficult moments.

While we await final parliamentary approval, now is the time to start the conversation. By preparing your policies and your people today, you ensure that if tragedy does strike, your organisation is ready to respond with both legal compliance and human kindness.

Next Step: Schedule a policy review meeting with your HR team this month to discuss how BPPL will integrate with your broader family leave benefits.

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